Construction Project Lifecycle Services

Legal issues can arise at several junctures during the lifecycle of a construction project. The attorneys in the Hodgson Russ Construction Practice are seasoned and knowledgeable professionals able to handle construction issues whenever they present themselves.

Planning & Project Concept:

During this initial phase, issues can arise involving site selection and acquisition, delivery options and contracting considerations. We can provide advice and guidance during this first phase of a construction project to ensure that the project progresses to a successful conclusion.

Delivery Options

Contracting Considerations

Preparation and negotiation of contract documents (modification of AIA and consensus template contract forms; negotiation of principal contracts between owner/developer and architect, design-builder, or EPC contractor and P3 contracts)

Construction management services

RFP/RFQ compliance

Professional licensing of design professionals

ADA compliance

Identifying MBW/WBE issues

Permitting & Other Approvals:

Nearly every construction project will require applying for and obtaining one or more permits and approvals from various levels of government agencies. Our attorneys guide our clients through the process in order to secure the approvals and authorizations to proceed on time and as envisioned by owners and developers.

Acquisition of Permits & Other Approvals

Environmental review/SEQRA/NEPA

Rezoning/Subdivision/Site Plan/Special Use Permit

SHPO Compliance

Host Community Agreements

Article 7 and Article 10 PSC/Siting Board

SPDES/SWPPP/Wetlands Compliance

Asbestos issues

EPA, NYSDEC, ACOE and approvals

Legal Challenges

Defense of project approvals

Challenges to public body determinations

Risk analysis of project modifications

Procurement decision challenges

Bidding disputes

Financing & Taxes:

Developing and structuring the financial aspects of a construction project can be complex and complicated. We help our clients identify and secure various types of financing, making a construction project more economically desirable.

Project Financing

Construction financing and security contracts

Financing options

Bonding

PPAs for energy projects

NYSERDA/Other grants

EB-5 Financing

Tax Issues & Abatements

Obtaining Historic or Brownfield and other tax credits

IDA assistance and PILOT Agreements

Sales tax issues

Real property tax assessments and exemptions

Construction:

Contract disputes can arise during a construction project that can delay or hinder its projected completion date. Efficient dispute resolution is in the best interest of all parties involved. Hodgson Russ attorneys possess experience in the timely resolution of contract disputes that could affect the successful completion of a project.

Contract Disputes

Breach and enforcement

Termination

Arbitration/mediation

Change order disputes and delay claims

Mechanic's liens

Lien discharge

Bond and surety claims

Indemnification

RFI issues

Insurance coverage issues

Negotiation of subcontracts

Contract Compliance

Labor issues/FLSA

Employee or contractor misconduct

Construction accident claims

Worksite safety/OSHA

Project Labor Agreements

Bidding disputes

MBE/WBE compliance

Service-disabled veteran-owned business

Prevailing wage issues

Close Out, Operation & Project Sale:

Completion of the construction project will trigger the need to address project closeout and post completion support matters. Our construction attorneys assist our construction clients with navigating through these steps.